Punishment Philosophies - 1704 Words

Punishment Philosophies Abstract The processes by which justice is applied are determined largely by proposed punishment philosophies. These express various concerns and arguments regarding appropriate sentencing and treatment. The philosophy of rehabilitation dominates the proceedings of juvenile courts, and is heavily scrutinized at an adult level, or when the criminal behavior of juveniles continues to accelerate, but when successful is most beneficial for society. The appeals process advances the fair practice of law, helps ensure the rights of due process, and continues to clarify and define justice and the law. Punishment Philosophies†¦show more content†¦One of the most widely applicable philosophies is deterrence, which is the concept that the threat of punishment should prevent criminal activity. Deterrence can be experienced in one of two ways; the first is specific deterrence, which occurs when an offender becomes less likely to reoffend as a result of punishment that he or she has u ndergone, while the second, more preferable form is through general deterrence, by which individuals abstain from criminal activity due to the recognition that others have been correspondingly punished. The psychological effectiveness of deterrence largely depends upon three factors: Celerity, severity, and certainty. The celerity, or swiftness with which punishment is imposed, is critical in the sense that individuals are inherently less likely to be concerned with negative consequences that will be experienced at a more distant time. Essentially, the immediate benefit of a crime is perceived to be more real than those future consequences. Related to this is the certainty or likelihood of punishment; if types of crimes are perceived to go largely undetected or unpunished, the potential deterrence is diminished.Show MoreRelatedAssignment: Punishment Philosophy Paper691 Words   |  3 PagesAssignment: Punishment Philosophy Paper There are five punishment philosophies used in the criminal justice system, deterrence, rehabilitation, incapacitation, retribution, and restoration. (Meyer amp; Grant, 2003) The goal of each philosophy is to prevent criminal offenses from occurring. The first philosophy is deterrence, this philosophy tries to convince people not to commit crimes or violate laws. When a person decides not to do something like parking in a handicapped spaceRead MoreThe Philosophy Of Crime And Punishment1182 Words   |  5 PagesThe Philosophy of Puppetry in Crime and Punishment Consider the design of a puppet. 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Many of the characters of the Read MorePunishment and Sentencing Paper1278 Words   |  6 PagesPunishment and Sentencing Paper CJA/224 Garrett LeGrange September 17, 2010 There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts, but there are many differences between the two. Both court systems try and keep crime from happeningRead MoreCriminal Punishment And The Criminal Justice System1193 Words   |  5 Pagesrevolution in criminal punishment processes. A number of different sentencing reforms have been recently expanded, resulting in a mix of different legal approaches to sentencing in the United States today. I will begin with a brief overview of sentencing philosophies, followed by modern sentencing innovations. 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The sentencing guidelines, here in California, require a judge to adhere to PC §190a which states that, â€Å"Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life (CARead MoreThe Theory Of Rehabilitating Fender Shifted Into Focus More1212 Words   |  5 Pagesthe state endeavors to rehabilitate, it is attempting to mold the individual to conform to the general morals of society. The three philosophical approaches to the justification of punishment have each shown to have merit as well as flaws. I will now move on to providing my proposed resolution to the issue of punishment. The overarching theme amongst these three theories is that each attempts to safeguard society. 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